Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-03-05
LOGICAL RESULTS rL0wIso FROM THE nnEnasn


and then it follows, as logical conclusion. that
its cars and all rolling stock employed in this
interstate transportation, are in all material re-
spects beyond the control and jurisdiction Oft
State OF California, and, so far as that State is
concerned, the company can look TO the Ma
| tional Government alone for control. and, in a
great measure, for protection. None of its cars
or rolling stock engaged in the business of such
interstate commerce, are the subject of State
taxation or of State, county or municipal
license. 1t may freely exercise its eallngs with
out State, county or municipal hindrance.
tPickard vs. Pullman Southern Company III
q. s., p 3i.) Every statute of the State; every
county or municipal ordinance, directed either
to taxation. regulation or control of the prop
erty engaged in such business. viii drop life
less from the statute book Not only this, but
every bale ofmcrchandise, every box ofgoods the
subject of traffic, will impress upon the ware.
house in which it rests unopened the character
of the traffic, and command for it the protection
of the national Courts and of the national
armies, even as against the State itself tLow
VS.. Austin, Is Wall, 29.) Every interference
with the movements of the Southern Pacific
trains, or with any of its operations. when en-
gagged in this traffic whether by the State ITSELF
or by strikers or any other unlawful power. will
bring to its protection all the power of the Ma
tional Government. The United States Marshal
and the army of the Union win take the place
of the State police and National Guard
If such power can by implication be wrought
out of the power to regulate commerce, /" then.
under the express power to promote the general
welfare and kindred powers, and under the ex-
lat
these powers into execution. Congress will find
the authority to pass laws regulating the mar
ital relations, those of parent and child, master
and servant the power over education and
other cognate subjects
ExEMPLIFIcATIoS OF THE PRINCIPLE.
If the carrier, whether it be by rail or wagon
is engaged in interstate transportation and
amenable alone to national legislation, seri-
Gus question would arise as to how farthe States
or any of them might exercise control over the
means by which such business is conducted. If
this Act be constitutional, and the Southern Pa
cifc Company is engaged in interstate com
merce it follows, as has been said before. to
certainty that no law of the State of California
taxing any of the cars orpersonai property used
in such business. or imposing any license or
hindranee upon the same can be upheld. 1t
will also follow that every foreign corporation
which enters the State of California and engages
in such traffic, may do 50 without the consent of
the State, and even against its will.
These are but few OF the consequences which
VIII flow from liberal Interpretation of the
National Constitution and ths broadest construe-
tion OF the implied powers. That the American
people have looked forward to the establish
ment of National Government clothed with
anthese powers, have no doubt and when the
Representatives Of section Of the country
which once stood as unit against the exercise
| of such powers, by their woes in Congress. sus-
| tain and uphold them the hour is near at hand
when the hopes of those who believe in strong
National Government are to be realized: when
State lines shall be virtually obliterated; State
sovereignty cease to exist, and the once SOW
| ereign States bear about thesame relation to
the National Government which counties now
do to the State.f
THE PEOPLE THE REPOSITORY OF THEIR RIGHTS.
The tendency of the times is certainly in this
direction, and while a lawyer twenty-five years
ago would have held this legislation unconstit-
ut.onal and Unauthorized, yet we are forced to
the opinion that it will now be upheld and
maintained that we must accept the situation
as it is, and try the experiment of central
| government, its powers in detail extending over
a territory as great as that included within the
limits ofthe United States
| Ihavc, under the pressure of Heterogeneous
and with more haste than becomes the sub
| ject thus fsr reviewed the sections in question,
and given to them that rational Interpretation
to which my judgment leads me- From the
nature Of the subject, their final and authorita-
! tive Interpretation rests with the national
Courts If human power can anywhere safely
repose, it is in the Court ordained and created
by the National Constitution and laws. The
high character OF the Judges. their comparative
freedom from all illegitimate influence, the
security of their tenure. give assurance that at
their hands justice will be fairly administered.
| But at last the security of the fundamental
rights which lie at the foundation of all just
Governments, the rights to life liberty and
property, rest in the enlightened Judgment of a
| free people, aud if the Act in question should
necessarily receive a construction which inter
fered with any of those great rights the parties
wIonged could for remedy, safely rely upon
that inherent sense Of justice which character
| ICES the people of our race.
CREED RAYMOND.
| san Francisco, teDfudTS 1901.
&NoTE-The Federal Constitution expressly
| eonfers upon Congress the power. among others.
| to provide for the common defense and general
| welfare of the United States to establish post
roads; to declare and carry on war, and to make
| all laws which shall be necessary and proper
| for carrying into execution the powers granted.
With respect to the means by which the powers
| it conieis are to be executed, the Constitution
| has been constructed to allow Congress that dis
cretion which will enable it to perform the high
| duties assigned in the manner most beneficial.
Alter Congress has acted. it Is not for the Courts
| to determine whether the means selected are
/ the best possible. Such considerations are for
! Congress alone. If the end be legitimate. If it
| be within the scope of the Constitution then all
M ms which are plainly adapted to that end,
| " .sether better ones could be found or not may
be constitutonally used by Congress lMcCul-
| loch VS.. Maryland, Wheaton, 42l-l-C. H.
INoTE-In 1871 Mr. TIlden, in speaking of the
principles of the political party which he
| adorned, said: Its creed is comprised in two
ideas: first, to limit much as possible all gov
erpmental power e9larging, always and every,
action; secondly, to throw back the govern
mental powers necessary to be exercised as
| much as possible upon the States and the local
to be affected. These ideas dominate over the
| Democratic party and find in it their best rep
| resenfative. The opposite ideas-to med
! to individuals and to centralize all gov
ernmental powers-express the tendencies
| of the Republican party Under their
inspiration, the Federal Government is
| rapidly seizing upon all the powers of human
| society 1t has assumed to regulate the suffrage,
and threatens to take the control all elections
1t prevents the power to raise revenue into
| means of debating what kind of business men
| shall employ their labor and capital in, of Civ
| ing bounties and granting monopolies of en-
riching favored classes by impoverishing the
| people. 1t has drawn within its power all the
| banks: 1t has begun to create insurance corpo-
| rations, AND 1T yEARSs TO TAKE JuRIsDIc-
! TON OF ALL RAILROAD COMPANIES. Its
| career Of usurpation, If continued a few
| years longer will involve all the business, all
the contracts, aud all the property Of indi-
viduals, and will populate Washington with the
lObbies of thirty-seyen States.
i A Coop STRING.-A well-known druggist
in this city was filling an order for lady
the other evening when a hawk-eyed
young man whose raiment bespoke bard
| times stood by without making any errand